Save the Date!
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2011.
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Local Government
Forgive Me Father, for I Have Violated the Zoning Ordinance
Posted in Local Government, Planning, Zoning, & Development
A county was entitled to a preliminary injunction against a church operating a school without a required conditional user permit.
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Governor Schwarzenegger Signs Bill to Relieve POTWs of Some MMPs
Posted in Local Government, Water Supply
By Katherine J. Hart
On September 30, 2010, the Governor signed Senate Bill 1284 (Ducheny) into law (Chapter 645). Ever since their adoption, Mandatory Minimum Penalties or MMPs have created serious economic hardship for local wastewater agencies. While concerns remain about MMPs, the California Legislature and Governor granted some much needed relief to these local agencies.
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Sacramento County Climate Action Plan – Part Two
By Emilio Camacho & Leslie Walker
The County of Sacramento kicked off Phase 2 of the Climate Action Plan development at a workshop on Wednesday, August 25, 2010. Phase 2 will develop strategies to implement the Climate Action Plan (CAP), a comprehensive plan for becoming more resource efficient and reducing greenhouse gas (GHG) emissions, originally released in May 2009.
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Police Power Gives Cities Wide Discretion in Enforcing Billboard Bans
Posted in Local Government, Planning, Zoning, & Development
Companies lose the battle to erect billboards on freeways and supergraphic and off-site billboards.
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When All Else Fails, Blame the Engineers
Posted in Local Government
By William W. Abbott
One of the elements of a Proposition 218 election is the engineer’s report in support of the spread of assessments. As 218 places the burden on the agency adopting the assessment to justify the assessment, every agency facing the question of, how much information is required? The recent case of Beutz v. County of Riverside (2010) 184 Cal.App.4th 1516, sheds light on the subject.Continue Reading When All Else Fails, Blame the Engineers
Now You Have a Secret, Now You Don’t. Secret Balloting and Proposition 218
The California Supreme Court upholds a trial court decision rejecting an attempt to overturn a 218 election on allegations of insufficient secrecy of ballot information.
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Senate Local Government Committee Releases 2010 Greatest Hits List
Posted in Local Government
With the legislative deadlines for policy committees now behind us, I want you to know about some of the more interesting bills that the Senate Local Government Committee worked on during 2010. The urgency bills took effect on the day they were chaptered; regular bills will take effect on January 1, 2011.
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Article XXXIV Voter Requirements Inapplicable to Senior Housing Project Owned by a City Formed Non-Profit Public Benefit Corporation
Posted in Local Government, Redevelopment
Use of redevelopment funds by a city formed non-profit to acquire and develop school administrative buildings and a senior housing project with units reserved for 16 percent low and very moderate income residents was a valid use of redevelopment funds and did not require an Article XXXIV voter approval.
Continue Reading Article XXXIV Voter Requirements Inapplicable to Senior Housing Project Owned by a City Formed Non-Profit Public Benefit Corporation
Baseline Depends Upon Whether You Have a New or Modified Project or Existing Project Without Significant Expansion of Use
CEQA Air impacts are to be measured against existing physical conditions not existing permitted level of operations for emitter.
Continue Reading Baseline Depends Upon Whether You Have a New or Modified Project or Existing Project Without Significant Expansion of Use